THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NORMANDO DEL ROSARIO Y LOPEZ, Accused-Appellant
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NORMANDO DEL ROSARIO Y LOPEZ, Accused-Appellant
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NORMANDO DEL ROSARIO Y LOPEZ, Accused-Appellant
SYLLABUS
DECISION
MELO, J : p
Normando del Rosario was charged before Branch 17 of the Regional Trial Court
of the Fourth Judicial Region stationed in Cavite City with Illegal Possession of
Firearm and Ammunitions in Criminal Case No. 236-91 and Illegal Sale of
Regulated Drugs in Criminal Case No. 237-91, under two informations reading,
respectively, as follows:
Criminal Case No. 236-91
Contrary to law.
Criminal Case No. 237-91
At about 9 o'clock in the evening of that day, a raiding team was nally
organized. SPO3 Untiveros headed the raiding team with PO3 Rogelio
Francisco, SPO1 Eduardo Novero, SPO3 Reynaldo de la Cruz, PO1 Carlito
Barbuco, PO3 Onrubio and SPO2 Villegas as members (pp. 5, 10, tsn.,
Feb. 4, 1992; p. 7, tsn., Dec. 11, 1991).
In the nal brieng of the raiding team at the police station, it was agreed
upon that PO1 Venerando Luna will buy shabu from appellant and after
his return from appellant's house, the raiding team will implement the
search warrant (p. 10, tsn., Feb. 4, 1992; p. 17-18, tsn., Dec. 11, 1991).
A marked money consisting of a P100 bill bearing serial no. PQ 329406
(Exh. P, p. 51, Rec.) was given by the Station Commander to PO1 Luna
and entered in the police logbook (p. 12, Feb. 4, 1992). PO1 Luna with a
companion proceeded to appellant's house to implement the search
warrant. Barangay Capt. Maigue, Norma del Rosario and appellant
witnessed the search at appellant's house (p. 10, tsn., Dec. 11, 1991).
SPO3 de la Cruz and PO3 Francisco found a black canister containing
shabu, an aluminum foil, plastik .22 caliber (Exh. O) atop the TV set, three
used ammunition in a cup and three wallets (Exhs. Q, R, S), one
containing the marked money (Exh. P; pp. 11-12, tsn., Dec. 11, 1991).
SPO1 Novero found inside a show box aluminum foils, napkins and a
burner (p. 9, tsn., March 11, 1992). SPO3 de la Cruz turned over the
wallet containing the marked money to PO3 Onrubio (p. 8, tsn., Jan. 7,
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1992). The seized items were photographed thereat by Fred Agana and
then turned over to PO3 Onrubio (pp. 8, 32, tsn., Jan. 7, 1992). SPO3
Untiveros issued receipts (Exhs. V, V-1, pp. 53-54, Rc.) for the seized
items with Barangay Capt. Maigue and appellant's sister Norma as signing
witnesses. He also made a return (Exh. U, p. 52, Rec.) of the seized items
to the court (pp. 11-155, tsn., Feb. 18, 1992).
At police station, the seized items were taped and initialed by SPO3 de la
Cruz (p. 33, tsn., Jan. 7, 1992). The next day, SPO4 Pilapil, through PO1
Barbuco, forwarded to NBI Forensic Chemist Mary Ann Aranas for
laboratory analysis the aluminum foil (Exhs. A, J, pp. 37, 46, Rec.)
containing suspected shabu bought by PO1 Luna from appellant in the
buy-bus operation as well as the aluminum foils (Exhs. G, K, pp. 43, 47,
Rec.) containing suspected marijuana which were conscated by virtue of
the search warrant.
The ndings of NBI Forensic Chemist Aranas disclosed that all the
specimen submitted to her for laboratory analysis by SPO1 Pilapil, thru
PO1 Barbuco, gave positive results for Methamphetamine Hydrocholoride
(pp. 2-9, tsn., Dec. 3, 1991; Exh. B, C, H, I, pp. 38, 39, 44, 45, Rec.).
(pp. 102-105, Rollo.)
Carefully evaluation the evidence on record, we believe that the prosecution has
failed to prove the guilt of accused-appellant. Much is to be desired in the manner
the police authorities eected the arrest of accused-appellant and the same
observation may be made with regard to the way the prosecution conducted its
case. Cdpr
Foremost among the inadequacies of the prosecution is its failure to call to the
witness stand PO1 Verando Luna, the alleged poseur-buyer. There is, thus, a total
absence of evidence to establish the purported sale of shabu by accused-appellant
to Venerando Luna, the supposed poseur-buyer. The omission to present the
poseur-buyer casts serious doubts that an illegal sale of a dangerous drug
actually took place.
The trial court gave much weight to the testimonies of the police
members of the buy-bust operation. However, the prosecution did not
present as witness the supposed poseur-buyer. Such omission casts
serious doubt on appellant's guilt because without the testimony of the
poseur-buyer, there is not convincing evidence to show that appellant
sold marijuana. The testimonies of the rest of the buy-bust operation are
hearsay in view of the fact that the poseur-buyer was never presented at
the trial. There was even no testimony that when the accused-appellant
handed the stu to the poseur-buyer that the latter in turn handed the
marked money. The failure of the prosecution to present the alleged
buyer of the marijuana was a fatal aw in the case against the accused.
(People vs. Fulgarillas, 212 SCRA 76, 80 [1992])
With the exclusion in evidence of the illegally seized rearm, there is, therefore,
a total absence of evidence to support the charge of illegal possession of rearm,
against accused-appellant. Cdpr
The same way may be said of the charge of illegal possession of ammunition.
WHEREFORE, the decision appealed from is hereby REVERSED and accused-
appellant is hereby ACQUITTED in Criminal Case No. 236-91 and Criminal Case
No. 237-91.
The immediate release of accused-appellant is hereby ordered unless there exists
of pending valid cause against him. Cdpr
The shabu, the marked P100 bill, rearm, and ammunition are hereby ordered
conscated in favor of the government.
SO ORDERED.
Feliciano, Bidin, Romero and Vitug, JJ., concur.